How can I obtain a Police Report of a DUI I didn't commit but appears on my DMV?

My colleague provided a great response. www.JoeTorriLaw.com

The law enforcement agency responsible for the original arrest is obligated to provide a copy of that police report if you have made a public records request for the report. You should be able to go to the records division of the department, ask for a public records request form, fill it out identifying the police report you want as best as you can, turn it in and they have 5 days to make it available to you by law. Additionally whoever represents you in your new case will know how to either request the earlier report through an ordinary discovery request or the attorney should subpoena the report. It's not very hard. The second question regarding getting your vehicle is not dependent on anything other than money. The tow company can charge you a daily rate while then have your car. It adds up very quickly. If you can afford to do so, you need to get your car back ASAP in order to minimize the storage cost. The portion of the bill attributable to the tow itself will not change. You simply have to limit your own exposure here by paying the fees and getting the car back. You will have the ability to challenge the tow storage costs later. When you pick your car up, the tow company should provide info on how to request a tow hearing. If they don't you should be able to find the appropriate form for this request through the arresting police department or the court where your case is filed. Through that form you can request a hearing to challenge the validity of the tow and/or the costs associated with it. Having said that, more often than not, your attorney will likely suggest that you eat that cost because you might subject yourself to questioning during that hearing and provide information that could be harmful to your new DUI case. The priority here should be a successful management of your new DUI and substantiating the old DUI as belonging to someone else. The easiest way of determining who the first DUI belongs to is accomplished by obtaining a copy of the booking photo associated with that case. Another thought based on my experience if you dig at the truth of who used your name, 9 times out of 10 if not more, you will find that you are not the victim of stranger ID theft, rather theft of your name and DOB by a brother or other relative. Good luck.